Research On Subject Of Compensation In Traffic Accident

Since motor car has been so indispensable in modern society, it brings great adventure as well as convenience. With the increase of traffic accidents, it's indeed difficult to ascertain the subject of liability in traffic accident. There's no definite provision in current legislation, that's why difficulty and problem occurs when ascertaining subject of compensation in traffic accident. This article mainly concerns about relative issues regarding ascertaining subject of compensation in traffic accident, altogether with analysis of judicial practice.The article is composed of three chapters.In Chapter 1, based on analysis of definition, nature and principle of culpability of traffic accident, liability of compensation in traffic accident is deemed to be the one of special tort, to which principle of strict liability should be applying, form of which is alternative. This gives a theoretical basis of ascertaining subject of compensation in traffic accident.Chapter 2 concludes the judging criteria of ascertain the subject of liability in traffic accident. Based on research on comparative law, past and current legislation and judicial interpretation as well as t legislative suggestions by different scholars, analysis and construe is made, After that the write gives his own suggestion that is the criteria of ascertain the subject of liability in traffic accident should be with the general principle of proprietor burdening and with the supplement of beneficiary of motor car moving burdening, as well as with the exception in particular circumstance.Chapter 3 consists of specific contents of ascertaining subject of compensation in traffic accident. Utilization of motor car in practice is complicated, that's why analysis of ascertaining subject of compensation in certain particular kinds of traffic accident needs to be discussed herein.The discussion is mainly about: I Subject of liability in installment payment for motor car with retained ownership. Subject of liability in transfer of motor car absent of register of transfer of property such as transaction, bestowal and so on. Subject of liability for attached motor car. II Ascertaining subject of compensation in traffic accident in related to complete proprietor in employment, motor car borrowing, motor car renting and motor car maintenance.